[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1504 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1504

 To prohibit employers from requiring low-wage employees to enter into 
  covenants not to compete, to require employers to notify potential 
 employees of any requirement to enter into a covenant not to compete, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 4, 2015

Mr. Murphy (for himself and Mr. Franken) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To prohibit employers from requiring low-wage employees to enter into 
  covenants not to compete, to require employers to notify potential 
 employees of any requirement to enter into a covenant not to compete, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mobility and Opportunity for 
Vulnerable Employees Act'' or the ``MOVE Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commerce.--The term ``commerce'' has the meaning given 
        such term in section 3 of the Fair Labor Standards Act of 1938 
        (29 U.S.C. 203).
            (2) Covenant not to compete.--The term ``covenant not to 
        compete'' means an agreement--
                    (A) between an employee and employer that restricts 
                such employee from performing--
                            (i) any work for another employer for a 
                        specified period of time;
                            (ii) any work in a specified geographical 
                        area; or
                            (iii) work for another employer that is 
                        similar to such employee's work for the 
                        employer included as a party to the agreement; 
                        and
                    (B) that is entered into after the date of 
                enactment of this Act.
            (3) Employee; employer; enterprise; enterprise engaged in 
        commerce or in the production of goods for commerce; goods.--
        The terms ``employee'', ``employer'', ``enterprise'', 
        ``enterprise engaged in commerce or in the production of goods 
        for commerce'', and ``goods'' have the meanings given such 
        terms in section 3 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 203).
            (4) Livable hourly rate.--The term ``livable hourly rate'' 
        means--
                    (A) for the fiscal year of the date of enactment of 
                this Act, the greater of--
                            (i) $15 per hour; or
                            (ii) the hourly rate equal to the minimum 
                        wage required by the applicable State or local 
                        minimum wage law; and
                    (B) for each succeeding fiscal year, the greater 
                of--
                            (i) the adjusted amount described in 
                        section 3(c); or
                            (ii) the hourly rate equal to the minimum 
                        wage required by the applicable State or local 
                        minimum wage law.
            (5) Low-wage employee.--The term ``low-wage employee''--
                    (A) means an employee who, excluding any overtime 
                compensation required under section 7 of the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 207) or under an 
                applicable State law, receives from the applicable 
                employer--
                            (i) an hourly compensation that is less 
                        than the livable hourly rate; or
                            (ii) an annual compensation that is equal 
                        to or less than--
                                    (I) for the fiscal year of the date 
                                of enactment of this Act, $31,200 per 
                                year; and
                                    (II) for each succeeding fiscal 
                                year, the adjusted amount described in 
                                section 3(c); and
                    (B) does not include any salaried employee who 
                receives from the applicable employer compensation 
                that, for 2 consecutive months, is greater than--
                            (i) for the fiscal year of the date of 
                        enactment of this Act, $5,000; and
                            (ii) for each succeeding fiscal year, the 
                        adjusted amount described in such section.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (7) State.--The term ``State'' has the meaning given such 
        term in section 3 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 203).

SEC. 3. PROHIBITING COVENANTS NOT TO COMPETE FOR LOW-WAGE EMPLOYEES.

    (a) In General.--No employer shall enter into a covenant not to 
compete with any low-wage employee of such employer, who in any 
workweek is engaged in commerce or in the production of goods for 
commerce (or is employed in an enterprise engaged in commerce or in the 
production of goods for commerce).
    (b) Notice.--An employer who employs any low-wage employee, who in 
any workweek is engaged in commerce or in the production of goods for 
commerce (or is employed in an enterprise engaged in commerce or in the 
production of goods for commerce), shall post notice of the provisions 
of this Act in a conspicuous place on the premises of such employer.
    (c) Inflation Adjustment.--
            (1) In general.--For each fiscal year after the fiscal year 
        of the date of enactment of this Act, the Secretary shall 
        adjust each amount in effect under section 2(4)(B)(i), section 
        2(5)(A)(ii)(II), or section 2(5)(B)(ii) for inflation by 
        increasing each such amount, as in effect for the preceding 
        fiscal year, by the annual percentage increase in the Consumer 
        Price Index for Urban Wage Earners and Clerical Workers (United 
        States city average, all items, not seasonally adjusted), or 
        its successor publication, as determined by the Bureau of Labor 
        Statistics.
            (2) Rounding amounts.--The amounts adjusted under paragraph 
        (1) shall be rounded to the nearest multiple of $0.05.

SEC. 4. DISCLOSURE REQUIREMENT FOR COVENANTS NOT TO COMPETE.

    In order for an employer to require an employee, who in any 
workweek is engaged in commerce or in the production of goods for 
commerce (or is employed in an enterprise engaged in commerce or in the 
production of goods for commerce) and is not a low-wage employee, to 
enter into a covenant not to compete, the employer shall, prior to the 
employment of such employee and at the beginning of the process for 
hiring such employee, have disclosed to such employee the requirement 
for entering into such covenant.

SEC. 5. ENFORCEMENT.

    (a) In General.--The Secretary shall receive, investigate, attempt 
to resolve, and enforce a complaint of a violation of section 3 or 4 in 
the same manner that the Secretary receives, investigates, and attempts 
to resolve a complaint of a violation of section 6 or 7 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 206 and 207), subject to 
subsection (b).
    (b) Civil Fine.--
            (1) Maximum fine.--The Secretary shall impose a civil 
        fine--
                    (A) with respect to any employer who violates 
                section 3(a) or 4, an amount not to exceed $5,000 for 
                each employee who was the subject of such violation; 
                and
                    (B) with respect to any employer who violates 
                section 3(b), an amount not to exceed $5,000.
            (2) Consideration.--In determining the amount of any civil 
        fine under this subsection, the Secretary shall consider the 
        appropriateness of the fine to the size of the employer subject 
        to such fine and the gravity of the applicable violation.
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